Rancho Cucamonga Domestic Violence Attorney
Hire an Rancho Cucamonga & Upland Family Law Attorney You Can Trust
In California, applications for restraining orders to prevent domestic
violence are heard by the family court. The Domestic Violence Prevention
Act (DVPA) is the law in California relative to family law restraining
orders. Aaron M. Hudson has the experience to handle
both sides of domestic violence cases. You can rest assured that when
you work with us, you will be receiving compassionate, understanding and
What is "domestic violence"?
Domestic Violence is defined as "abuse" perpetrated against certain
individuals in a domestic relationship.
Among those included as "domestic" are:
- Family members
- Those in a dating relationship
- People who have children together
If the perpetrator is not in the above "domestic" categories,
a restraining order can be pursued as a Civil Harassment restraining order,
which would be filed in the Civil department of the court. In addition
to family law, Aaron M. Hudson has a great deal of experience
with civil litigation, including those involving civil harassment.
Abuse is defined as: intentionally or recklessly causing, or attempting
to cause, bodily injury, sexual assault, or placing a person in reasonable
apprehension of imminent serious bodily injury. The court will generally
only issue a restraining order upon a showing of violence or threats of
violence. Procedurally, a victim of domestic violence would typically
appear ex parte to the court with a completed request for restraining
order. A judge or court commissioner will review the paperwork and either
grant or deny temporary orders. If temporary orders are issued, a hearing
will be held in approximately 3 weeks. Each party is entitled to present
witnesses and the rules of evidence apply, so it is important that you
hire an attorney like Aaron M Hudson who has a great deal of trial experience.
Domestic Violence & Divorce in California
Domestic violence restraining orders are often pursued within the divorce
action, but it is not uncommon for such a request to be filed independent
of a divorce or paternity action. The court can issue a stay-away order,
or may just order the offending party to stop the harassing conduct. The
court can also make child custody and visitation orders and child support
orders as part of a domestic violence action.
If you are in need of a restraining order, or you have been served with
a request for restraining order, you should immediately
contact Aaron M. Hudson. Time is critical in these situations, and Mr. Hudson has the expertise
and quickness to immediately secure the relief which is necessary to protect
his clients' interests.